Digitized on all sides life is a trend around the world. Making the switch from traditional office rental office number is the choice of many businesses today. In it, the contract electronic gained a lot of business because of advantages and advantages brought. Let's Lac Viet Computing learn more electronic contract what is? And the problems related to electronic contract through the following article.
1. The concept of electronic contract what is?
Electronic transaction law 2005, then electronic contract is regulated as follows:
Or speaking in a way easy to understand then electronic contract is an agreement, signed on to establish, change, termination of rights and civil obligations by electronic means.
2. Basic characteristics of electronic contract what is?
Electronic contract brought on myself a few characteristics that enterprises need to note when used as follows:
- Electronic contract will be different than the contract paper is that the information will be expressed and stored by the message of electronic data.
- For paper contract, then the owner can participate only buy-side sell-side, but for electronic contract shall, subject, in addition to the buy and sell side also has 3rd party. Subject 3rd here is the organ supply unit, authentication of electronic signatures. And this party did not participate in the contract which only plays the role as 1 unit ensure the validity and legality of the contract.
- The convenient use wherever you play. Contract information is set in the form of electronic data should the conclusion do not need to meet each other directly can still perform. Just with a device is connected to the internet is you can manipulate whether in any where.
3. The type of electronic contract popular today
3.1. Classification according to form of contract
- Contract paper is put on the website
This is a contract drafted on paper, then upload to the parties proceeded to sign nurse. When uploading to the contract often is file format is PDF. Button tick green express consent to the terms content in the contract. And attached to it there is 2 choice is to agree or black agrees to sign the contract.
- Contracts formed through electronic transaction
This is a contract are not boilerplate, which is formed in the transaction process automatically. The content on the contract will be combined automatically and processed based on the information the customer entered in the transaction process.
The end of the process is consent and complete confirmation of consent of the customer with the content terms. Then, the seller will receive the notification about the contract and will take action as send a confirmation to the buyer via: mail, fax, telephone number....
- Electronic contract formed via email
Use email to sign a contract also is a form of electronic contract. The process is basically the same as the contract tradition. However, transport links are via computer, email....
That in this form, the benefits of the electronic contract is what?. That is the speed, time and cost is maximum savings. But there are still some problems to note is the conclusion by email then the security is low, prone to revealing information. And the binding of liability and legality of the parties has not been guaranteed.
3.2 Classification according to the purpose of the contract
- Contract electronic commerce ( economic contract)
This is a type of contract, ecommerce, one side is the business/traders. The left side must be functional and legal purpose was to determine the message data of the contract. And the information data should meet the conditions, standards, and specifications as prescribed by the current legislation.
Characteristics of contract e-commerce is:
- The two parties sign the contract, then one side is merchants and a party is subject, have legal status.
- The purpose of the contract is profitable.
- Object traded as a commodity or as a contract for services.
- Contract labor electronic
Is the contract concluded between the employer with the use of labor of the responsibilities of the parties, as well as the salary and benefits.... This information expressed in the form of electronic data, as valuable as labor contract text.
- Civil contract electronic
The contract is concluded on electronic media. With the agreement between the parties regarding the establishment, change or termination of civil obligations in the form of data messages, electronic comply with the provisions of Vietnamese law on electronic transactions.
For the law of Vietnam's current, there are some fields do not apply the form of electronic contract. That is: a certificate of land use rights, home ownership, the text related to any estate, text, inheritance, registration of marriage, divorce, birth, death.... Therefore, to determine the nature and value , the legality it is necessary to put the relationship and delivery service specific h.
Electronic contract helps businesses reduce to 90% of the time deals and save up to 85% of the cost. With a few to share on the Club hopes to bring to the specific information help you understand electronic contract what is and the problems related to electronic contract.
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